Interpretation
3 Interpretation
In this Act, unless the contrary intention appears—
abscond—see section 4;
account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes a facility or arrangement for—
a fixed term deposit; and
a safety deposit box or other safe custody facility;
Administrator means the person appointed as the
Administrator under section 190;
agent includes, if the agent is a corporation, the officers and agents of the corporation;
Australia, when used in a geographical sense, includes the external Territories;
authorised officer means—
the DPP; or
a police officer; or
a member, officer or employee of an enforcement agency who is authorised in writing by the head of that agency for the purposes of this
Act;
benefit includes a service or advantage;
charged—a person is charged with an offence if an information or complaint is laid against the person for the offence whether or not—
a summons to require the attendance of the person to answer the information or complaint has been issued; or
a warrant for the arrest of the person has been issued;
compensation order means an order made under section 61;
confiscation order means a forfeiture order, a pecuniary penalty order or a literary proceeds order;
controlled property means property subject to an order under section 39;
convicted—see section 5;
conviction day—see section 5;
conviction offence, in relation to a prescribed drug offender, has the meaning given in section 6A;
corresponding law means a law declared to be a corresponding law under section 12;
court means—
the Supreme Court; or
the District Court; or
subject to section 14, the Magistrates Court;
data includes data in any form in which it may be stored or processed in a computer (including a computer program or part of a computer program);
data storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device;
deal with—dealing with a person's property includes—
if a debt is owed to the person—making a payment to a person in reduction of the amount of the debt; and
removing the property from the State; and
receiving or making a gift of the property; and
if the property is covered by a restraining order—engaging in a transaction that has the direct or indirect effect of reducing the value of the person's interest in the property;
dependant of a person means—
a spouse or domestic partner of the person; or
a child of the person who depends on the person for support;
or
a member of the person's household who depends on the person for support;
derived—a person derives proceeds, a benefit or literary proceeds if —
the person; or
another person at the request or direction of the first person, derives the proceeds, benefit or literary proceeds, whether directly or indirectly;
director, in relation to a financial institution or a corporation, means—
if the institution or corporation is a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a
Territory—a constituent member of the body corporate; and
any person occupying or acting in the position of director of the institution or corporation, by whatever name called and whether or not validly appointed to occupy, or duly authorised to act in, the position;
and
any person in accordance with whose directions or instructions the directors of the institution or corporation are accustomed to act, other than when those directors only do so—
in the proper performance of the functions attaching to the person's professional capacity; or
in their business relationship with the person;
document includes—
any paper or other material on which there is writing;
and
any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device; and
any map, plan, drawing, graph or photograph;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
DPP means the Director of Public Prosecutions and includes a person acting in the position of Director of Public
Prosecutions;
drug means a substance that is a controlled drug within the meaning of the Controlled
Substances Act 1984;
effective control—see section 6;
encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property;
enforcement agency means—
the DPP; or
an agency prescribed by regulation as an enforcement agency for the purposes of this Act or specified provisions of this Act;
examination notice means a notice given under section 133;
examination order means an order under section 131 or
132 that is in force;
exclusion order means an order under section 58 or
59;
executive officer in relation to a financial institution or a corporation, means any person, by whatever name called and whether or not the person is a director of the institution or corporation, who is concerned, or takes part, in the management of the institution or corporation;
financial institution means—
an ADI; or
a friendly society; or
an institution of a kind declared by regulation to be a financial institution;
foreign forfeiture order has the same meaning as in the Mutual Assistance Act;
foreign offence includes an offence against international law;
foreign pecuniary penalty order has the same meaning as in the Mutual Assistance Act;
foreign restraining order has the same meaning as in the Mutual Assistance Act;
forfeiture order means an order under section 47 that is in force;
freezing order means an order under section 17 that is in force;
instrument—see section 7;
instrument substitution declaration means a declaration under section 48;
interest, in relation to property or a thing, means—
a legal or equitable estate or interest in the property or thing;
or
a right, power or privilege in connection with the property or thing, whether present or future and whether vested or contingent;
legal assistance costs means the costs of providing legal assistance to an assisted person under the
Legal Services Commission
Act 1977 (see section 5(2) of that Act);
literary proceeds—see section 110;
literary proceeds amount—see section 113;
literary proceeds order means an order under section 111 that is in force;
monitoring order means an order under section 165 that is in force;
Mutual Assistance Act means the
Mutual Assistance in Criminal Matters Act
1987 of the Commonwealth as in force from time to time;
officer, in relation to a financial institution or a corporation, means a director, secretary, executive officer or employee;
pecuniary penalty order means an order under section 95 that is in force;
penalty amount—see section 99;
premises means a building, structure or place (whether built on or not and whether enclosed or unenclosed) and includes an aircraft, vessel or vehicle;
prescribed drug offender—see section 6A;
proceeds—see section 7;
production order means an order under section 150 that is in force;
property means real or personal property (tangible or intangible) including—
a chose in action; and
an interest in property;
property-tracking document—see section 149;
protected property of a person means property owned by or subject to the effective control of the person that is of a class declared by regulation for the purposes of this definition;
quashed—see section 8;
reciprocating State means a State or Territory in which a corresponding law is in force;
recognised Australian forfeiture order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;
recognised Australian pecuniary penalty order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;
recognised Australian restraining order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;
registrable property means property the title to which is passed by registration on a register kept pursuant to a provision of a law of the State or any other law;
registration authority means an authority responsible for administering a law providing for registration of title to, or charges over, property of a particular kind;
related offence—an offence is related to another offence if the physical elements of the 2 offences are substantially the same acts or omissions;
responsible custodian, in relation to property or other material seized under this Act, means—
if the property or other material is seized by the DPP—the
DPP; or
in any other case—the head of the enforcement agency of the authorised officer who seized the property or other material;
restraining order means an order under section 24 that is in force;
search warrant means a warrant issued under section 172 that is in force;
serious and organised crime has the same meaning as in the Australian Crime Commission (South Australia) Act 2004;
serious offence means—
an indictable offence; or
an offence against—
section 68(3) of the Criminal
Law Consolidation Act 1935; or
an offence against section 52, 53, 72 or 74 of the
Fisheries Management
Act 2007; or
section 99 of the Liquor
Licensing Act 1997; or
a provision of the Lottery and
Gaming Act 1936; or
section 47, 48, 48A, 51 or 60 of the National Parks and Wildlife Act 1972;
or
section 28(1)(a) or 41 of the Summary Offences Act 1953;
or
a foreign offence declared by the regulations to be within the ambit of this definition;
spouse—a person is the spouse of another if they are legally married;
sufficient consideration, in relation to an acquisition or disposal of property, means consideration that is sufficient and that reflects the value of the property, having regard solely to commercial considerations;
suspect, in relation to a restraining order or a confiscation order, means a person who—
has been convicted of; or
has been charged with, or is proposed to be charged with;
or
if the order is a restraining order—is suspected of having committed; or
if the order is a confiscation order—committed, the offence or offences to which the order relates;
tainted property means—
proceeds of a serious offence; or
an instrument of a serious offence or property subject to an instrument substitution declaration; or
property owned by, or subject to the effective control of, a prescribed drug offender on the conviction day for the conviction offence (other than protected property of the prescribed drug offender);
or
property owned by, or subject to the effective control of, a person who has been charged with, or is proposed to be charged with, an offence where the person would, if convicted of the offence, become a prescribed drug offender (other than protected property of the person);
unlawful activity means an unlawful act or omission—
that constitutes a serious offence; or
that would, if committed in this State, constitute a serious offence;
vehicle includes an aircraft or vessel;
Victims of Crime Fund means the fund of that name continued in existence under the Victims of Crime
Act 2001.
A reference in this Act to an indictable offence includes an indictable offence of a kind that is required to be prosecuted, and dealt with by the Magistrates Court, as a summary offence under a provision of any Act.
This provision refers to the regulations (prescribed by regulation
, declared by the regulations
). Made under this Act:
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